STATE OF MAHARASHTRA Vs. SACHIN APPASAHEB GAIKWAD

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment and order of acquittal dated 31st August, 2004 passed in Sessions Case No. 58 of 2004 by learned 1st Ad-hoc Additional Sessions Judge, Pune for the offences punishable under Sections 498-A, 306 and 304 (B) read with 34 of the Indian Penal Code, 1860 (for short "IPC").

(2.) The occurrence that led to launching of prosecution is that, the informant's niece, namely, Pooja (since deceased) was married to accused Sachin Appasaheb Gaikwad (A-1) before two years from the date of lodging of the report. Accused Appasaheb Tatyaba Gaikwad (A-3), accused Sarubai Tatyaba Gaikwad (A-5), accused Sandip Appasaheb Gaikwad (A-2) and accused Shobha Sandip Gaikwad (A-4) are father-in-law, grand-mother-in-law, brother-in-law and sister-in-law and of the deceased respectively.

(3.) The prosecution alleges that after one month of marriage, A-1 and A-5 started asking deceased to bring a ring of one Tola and showcase almari from her parents and on that ground they started beating her. Even the deceased was driven to the house of her aunt, namely, Sunita Gaikwad (PW-3) but on her persuasion, the deceased again resumed cohabitation with accused.